OK ST T. 10A § 1-1-105

10A Okl.St.Ann. § 1-1-105

Oklahoma Statutes Annotated Currentness

Title 10A. Children and Juvenile Code

Article 1. Oklahoma Children's Code

Chapter 1. General Provisions and Definitions

When used in the Oklahoma Children's Code, unless the context otherwise requires:

1. "Abandonment" means:

a. the willful intent by words, actions, or omissions not to return for a child, or

b. the failure to maintain a significant parental relationship with a child through visitation or communication in which incidental or token visits or communication are not considered significant, or

c. the failure to respond to notice of deprived proceedings;

2. "Abuse" means harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child's health, safety, or welfare, including but not limited to nonaccidental physical or mental injury, sexual abuse, or sexual exploitation. Provided, however, that nothing contained in this act shall prohibit any parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling.

a. "Harm or threatened harm to the health or safety of a child" means any real or threatened physical, mental, or emotional injury or damage to the body or mind that is not accidental including but not limited to sexual abuse, sexual exploitation, neglect, or dependency.

b. "Sexual abuse" includes but is not limited to rape, incest, and lewd or indecent acts or proposals made to a child, as defined by law, by a person responsible for the health, safety, or welfare of the child.

c. "Sexual exploitation" includes but is not limited to allowing, permitting, or encouraging a child to engage in prostitution, as defined by law, by a person responsible for the health, safety, or welfare of a child, or allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic, as defined by law, photographing, filming, or depicting of a child in those acts by a person responsible for the health, safety, and welfare of the child;

3. "Adjudication" means a finding by the court that the allegations in a petition alleging that a child is deprived are supported by a preponderance of the evidence;

4. "Adjudicatory hearing" means a hearing by the court as provided by Section 1-4-601 of this title;

5. "Assessment" means a comprehensive review of child safety and evaluation of family functioning and protective capacities that is conducted in response to a child abuse or neglect referral that does not allege a serious and immediate safety threat to a child;

6. "Behavioral health" means mental health, substance abuse, or co-occurring mental health and substance abuse diagnoses, and the continuum of mental health, substance abuse, or co-occurring mental health and substance abuse treatment;

7. "Child" means any unmarried person under eighteen (18) years of age;

8. "Child advocacy center" means a center and the multidisciplinary child abuse team of which it is a member that is accredited by the National Children's Alliance or that is completing a sixth year of reaccreditation. Child advocacy centers shall be classified, based on the child population of a district attorney's district, as follows:

a. nonurban centers in districts with child populations that are less than sixty thousand (60,000), and

b. midlevel nonurban centers in districts with child populations equal to or greater than sixty thousand (60,000), but not including Oklahoma and Tulsa counties;

9. "Child with a disability" means any child who has a physical or mental impairment which substantially limits one or more of the major life activities of the child, or who is regarded as having such an impairment by a competent medical professional;

10. "Child-placing agency" means an agency that arranges for or places a child in a foster family home, group home, adoptive home, or independent living program;

11. "Commission" means the Commission for Human Services;

12. "Community-based services" or "community-based programs" means services or programs which maintain community participation or supervision in their planning, operation, and evaluation. Community-based services and programs may include, but are not limited to, emergency shelter, crisis intervention, group work, case supervision, job placement, recruitment and training of volunteers, consultation, medical, educational, home-based services, vocational, social, preventive and psychological guidance, training, counseling, early intervention and diversionary substance abuse treatment, sexual abuse treatment, transitional living, independent living, and other related services and programs;

13. "Concurrent permanency planning" means, when indicated, the implementation of two plans for a child entering foster care. One plan focuses on reuniting the parent and child; the other seeks to find a permanent out-of-home placement for the child with both plans being pursued simultaneously;

14. "Court-appointed special advocate" or "CASA" means a responsible adult volunteer who has been trained and is supervised by a court-appointed special advocate program recognized by the court, and when appointed by the court, serves as an officer of the court in the capacity as a guardian ad litem;

15. "Court-appointed special advocate program" means an organized program, administered by either an independent, not-for-profit corporation, a dependent project of an independent, not-for-profit corporation or a unit of local government, which recruits, screens, trains, assigns, supervises and supports volunteers to be available for appointment by the court as guardians ad litem;

16. "Custodian" means an individual other than a parent, legal guardian or Indian custodian, to whom legal custody of the child has been awarded by the court. As used in this title, the term "custodian" shall not mean the Oklahoma Department of Human Services;

17. "Day treatment" means a nonresidential program which provides intensive services to a child who resides in the child's own home, the home of a relative, group home, a foster home or residential child care facility. Day treatment programs include, but are not limited to, educational services;

18. "Department" means the Oklahoma Department of Human Services;

19. "Dependency" means a child who is homeless or without proper care or guardianship through no fault of his or her parent, legal guardian, or custodian;

20. "Deprived child" means a child:

a. who is for any reason destitute, homeless, or abandoned,

b. who does not have the proper parental care or guardianship,

c. who has been abused, neglected, or is dependent,

d. whose home is an unfit place for the child by reason of depravity on the part of the parent or legal guardian of the child, or other person responsible for the health or welfare of the child,

e. who is a child in need of special care and treatment because of the child's physical or mental condition, and the child's parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment. As used in this paragraph, a child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk of harm or threatened harm to the health or safety of a child,

f. who is a child with a disability deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of the child if such nutrition or medical treatment is generally provided to similarly situated children without a disability or children with disabilities; provided that no medical treatment shall be necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child,

g. who, due to improper parental care and guardianship, is absent from school as specified in Section 10-106 of Title 70 of the Oklahoma Statutes, if the child is subject to compulsory school attendance,

h. whose parent, legal guardian or custodian for good cause desires to be relieved of custody,

i. who has been born to a parent whose parental rights to another child have been involuntarily terminated by the court and the conditions which led to the making of the finding, which resulted in the termination of the parental rights of the parent to the other child, have not been corrected, or

j. whose parent, legal guardian, or custodian has subjected another child to abuse or neglect or has allowed another child to be subjected to abuse or neglect and is currently a respondent in a deprived proceeding.

Nothing in the Oklahoma Children's Code shall be construed to mean a child is deprived for the sole reason the parent, legal guardian, or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare;

21. "Dispositional hearing" means a hearing by the court as provided by Section 1-4-706 of this title;

22. "Emergency custody" means the custody of a child prior to adjudication of the child following issuance of an order of the district court pursuant to Section 1-4-201 of this title or following issuance of an order of the district court pursuant to an emergency custody hearing, as specified by Section 1-4-203 of this title;

23. "Facility" means a place, an institution, a building or part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings used for the lawful custody and treatment of children;

24. "Foster care" or "foster care services" means continuous twenty-four-hour care and supportive services provided for a child in foster placement including, but not limited to, the care, supervision, guidance, and rearing of a foster child by the foster parent;

25. "Foster family home" means the private residence of a foster parent who provides foster care services to a child. Such term shall include a nonkinship foster family home, a therapeutic foster family home, or the home of a relative or other kinship care home;

26. "Foster parent eligibility assessment" includes a criminal background investigation including, but not limited to, a national criminal history records search based upon the submission of fingerprints, home assessments, and any other assessment required by the Department of Human Services, the Office of Juvenile Affairs, or any child-placing agency pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act;

27. "Guardian ad litem" means a person appointed by the court pursuant to the provisions of Section 1-4-306 of this title having those duties and responsibilities as set forth in that section. The term "guardian ad litem" shall refer to a court-appointed special advocate as well as to any other person appointed pursuant to the provisions of Section 1-4-306 of this title to serve as a guardian ad litem;

28. "Guardian ad litem of the estate of the child" means a person appointed by the court to protect the property interests of a child pursuant to Section 1-8-109 of this title;

29. "Group home" means a residential facility licensed by the Department to provide full-time care and community-based services for more than five but fewer than thirteen children;

30. "Harm or threatened harm to the health or safety of a child" means any real or threatened physical, mental, or emotional injury or damage to the body or mind that is not accidental including, but not limited to, sexual abuse, sexual exploitation, neglect, or dependency;

31. "Heinous and shocking abuse" includes, but is not limited to, aggravated physical abuse that results in serious bodily, mental, or emotional injury. "Serious bodily injury" means injury that involves:

a. a substantial risk of death,

b. extreme physical pain,

c. protracted disfigurement,

d. a loss or impairment of the function of a body member, organ, or mental faculty,

e. an injury to an internal or external organ or the body,

f. a bone fracture,

g. sexual abuse or sexual exploitation,

h. chronic abuse including, but not limited to, physical, emotional, or sexual abuse, or sexual exploitation which is repeated or continuing,

i. torture that includes, but is not limited to, inflicting, participating in or assisting in inflicting intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of coercing or terrorizing a child or for the purpose of satisfying the craven, cruel, or prurient desires of the perpetrator or another person, or

j. any other similar aggravated circumstance;

32. "Heinous and shocking neglect" includes, but is not limited to:

a. chronic neglect that includes, but is not limited to, a persistent pattern of family functioning in which the caregiver has not met or sustained the basic needs of a child which results in harm to the child,

b. neglect that has resulted in a diagnosis of the child as a failure to thrive,

c. an act or failure to act by a parent that results in the death or near death of a child or sibling, serious physical or emotional harm, sexual abuse, sexual exploitation, or presents an imminent risk of serious harm to a child, or

d. any other similar aggravating circumstance;

33. "Independent living program" means a program specifically designed to assist a child to enhance those skills and abilities necessary for successful adult living. An independent living program may include, but shall not be limited to, such features as minimal direct staff supervision, and the provision of supportive services to assist children with activities necessary for finding an appropriate place of residence, completing an education or vocational training, obtaining employment, or obtaining other similar services;

34. "Individualized service plan" means a document written pursuant to Section 1-4-704 of this title that has the same meaning as "service plan" or "treatment plan" where those terms are used in the Oklahoma Children's Code;

35. "Infant" means a child who is twelve (12) months of age or younger;

36. "Institution" means a residential facility offering care and treatment for more than twenty residents;

37. a. "Investigation" means a response to an allegation of abuse or neglect that involves a serious and immediate threat to the safety of the child, making it necessary to determine:

(1) the current safety of a child and the risk of subsequent abuse or neglect, and

(2) whether child abuse or neglect occurred and whether the family needs prevention- and intervention-related services.

b. "Investigation" results in a written response stating one of the following findings:

(1) "Substantiated -- Court intervention recommended" means a report that is determined by a child protective services worker, after an investigation and based upon some credible evidence, to constitute child abuse or neglect which is of such a nature that the Department finds that the health, safety, or welfare of the child is threatened,

(2) "Substantiated -- Services recommended" means a report that is determined by a child protective services worker, after an investigation and based upon some credible evidence, to constitute child abuse or neglect which is of such a nature that the Department recommends prevention- and intervention-related services for the parents or persons responsible for the care of the child or children, but for which initial court intervention is not required,

(3) "Unsubstantiated -- Services recommended" means a report in which a child protective services worker, after an investigation, determines there is insufficient evidence to fully determine whether child abuse or neglect has occurred, but one in which the Department determines that the child and the family of the child could benefit from receiving child abuse and neglect prevention- and intervention-related services, or

(4) "Ruled out" means a report in which a child protective services worker, after an investigation, determines that no child abuse or neglect has occurred;

38. "Kinship care" means full-time care of a child by a kinship relation;

39. "Kinship guardianship" means a permanent guardianship as defined in this section;

40. "Kinship relation" or "kinship relationship" means relatives, stepparents, or other responsible adults who have a bond or tie with a child and/or to whom has been ascribed a family relationship role with the child's parents or the child; provided, however, in cases where the Indian Child Welfare Act applies, the definitions contained in 25 U.S.C., Section 1903 shall control;

41. "Mental health facility" means a mental health or substance abuse treatment facility as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

42. "Minor" means the same as the term "child" as defined in this section;

43. "Minor in need of treatment" means a child in need of mental health or substance abuse treatment as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

44. "Multidisciplinary child abuse team" means any team established pursuant to Section 1-9-102 of this title of three or more persons who are trained in the prevention, identification, investigation, prosecution, and treatment of physical and sexual child abuse and who are qualified to facilitate a broad range of prevention and intervention-related services and services related to child abuse. For purposes of this definition, "freestanding" means a team not used by a child advocacy center for its accreditation;

45. "Near death" means a child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect;

46. "Neglect" means:

a. the failure or omission to provide any of the following:

(1) adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or appropriate education,

(2) medical, dental, or behavioral health care,

(3) supervision or appropriate caretakers, or

(4) special care made necessary by the physical or mental condition of the child,

b. the failure or omission to protect a child from exposure to any of the following:

(1) the use, possession, sale, or manufacture of illegal drugs,

(2) illegal activities, or

(3) sexual acts or materials that are not age-appropriate, or

c. abandonment.

Nothing in this paragraph shall be construed to mean a child is abused or neglected for the sole reason the parent, legal guardian or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child. Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child, pursuant to the Oklahoma Children's Code, and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare;

47. "Permanency hearing" means a hearing by the court pursuant to Section 1- 4-811 of this title;

48. "Permanent custody" means the court-ordered custody of an adjudicated deprived child when a parent-child relationship no longer exists due to termination of parental rights or due to the death of a parent or parents;

49. "Permanent guardianship" means a judicially created relationship between a child, a kinship relation of the child, or other adult established pursuant to the provisions of Section 1-4-709 of this title;

50. "Person responsible for a child's health, safety, or welfare" includes a parent; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or an owner, operator, or employee of a child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes;

51. "Protective custody" means custody of a child taken by a law enforcement officer or designated employee of the court without a court order;

52. "Putative father" means an alleged father as that term is defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;

53. "Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or any other person related to the child;

54. "Residential child care facility" means a twenty-four-hour residential facility where children live together with or are supervised by adults who are not their parents or relatives;

55. "Review hearing" means a hearing by the court pursuant to Section 1-4- 807 of this title;

56. "Risk" means the likelihood that an incident of child abuse or neglect will occur in the future;

57. "Safety threat" means the threat of serious harm due to child abuse or neglect occurring in the present or in the very near future and without the intervention of another person, a child would likely or in all probability sustain severe or permanent disability or injury, illness, or death;

58. "Safety analysis" means action taken by the Department in response to a report of alleged child abuse or neglect that may include an assessment or investigation based upon an analysis of the information received according to priority guidelines and other criteria adopted by the Department;

59. "Safety evaluation" means evaluation of a child's situation by the Department using a structured, evidence-based tool to determine if the child is subject to a safety threat;

60. "Secure facility" means a facility which is designed and operated to ensure that all entrances and exits from the facility are subject to the exclusive control of the staff of the facility, whether or not the juvenile being detained has freedom of movement within the perimeter of the facility, or a facility which relies on locked rooms and buildings, fences, or physical restraint in order to control behavior of its residents;

61. "Sibling" means a biologically or legally related brother or sister of a child;

62. "Specialized foster care" means foster care provided to a child in a foster home or agency-contracted home which:

a. has been certified by the Developmental Disabilities Services Division of the Department of Human Services,

b. is monitored by the Division, and

c. is funded through the Home- and Community-Based Waiver Services Program administered by the Division;

63. "Temporary custody" means court-ordered custody of an adjudicated deprived child;

64. "Therapeutic foster family home" means a foster family home which provides specific treatment services, pursuant to a therapeutic foster care contract, which are designed to remedy social and behavioral problems of a foster child residing in the home;

65. "Transitional living program" means a residential program that may be attached to an existing facility or operated solely for the purpose of assisting children to develop the skills and abilities necessary for successful adult living. The program may include, but shall not be limited to, reduced staff supervision, vocational training, educational services, employment and employment training, and other appropriate independent living skills training as a part of the transitional living program; and

66. "Voluntary foster care placement" means the temporary placement of a child by the parent, legal guardian or custodian of the child in foster care pursuant to a signed placement agreement between the Department or a child-placing agency and the child's parent, legal guardian or custodian.

CREDIT(S)

Laws 1968, c. 282, § 101, eff. Jan. 13, 1969; Laws 1970, c. 86, § 1, emerg. eff. March 27, 1970; Laws 1972, c. 122, § 1, emerg. eff. April 4, 1972; Laws 1977, c. 79, § 1; Laws 1979, c. 257, § 1, eff. Oct. 1, 1979; Laws 1980, c. 242, § 1, eff. Oct. 1, 1980; Laws 1982, c. 312, § 13, operative Oct. 1, 1982; Laws 1984, c. 120, § 1, emerg. eff. April 10, 1984; Laws 1987, c. 88, § 1, operative July 1, 1987; Laws 1988, c. 76, § 1, emerg. eff. March 25, 1988; Laws 1988, c. 238, § 1, emerg. eff. June 24, 1988; Laws 1990, c. 238, § 1, emerg. eff. May 21, 1990; Laws 1990, c. 337, § 1; Laws 1991, c. 335, § 1, emerg. eff. June 15, 1991; Laws 1992, c. 298, § 14, eff. July 1, 1993; Laws 1993, c. 342, § 1, eff. July 1, 1993; Laws 1994, c. 2, § 1, emerg. eff. March 2, 1994; Laws 1994, c. 290, § 3, eff. July 1, 1994. Renumbered from Title 10, § 1101 and amended by Laws 1995, c. 352, §§ 3, 199, eff. July 1, 1995. Laws 1996, c. 47, § 1, emerg. eff. April 8, 1996; Laws 1996, c. 200, § 3, eff. Nov. 1, 1996; Laws 1996, c. 353, § 15, eff. Nov. 1, 1996; Laws 1997, c. 386, § 19, emerg. eff. June 10, 1997; Laws 1998, c. 5, § 2, emerg. eff. March 4, 1998; Laws 1998, c. 421, § 2, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 5, eff. July 1, 2000; Laws 2001, c. 434, § 4, emerg. eff. June 8, 2001; Laws 2002, c. 327, § 15, eff. July 1, 2002; Laws 2004, c. 422, § 3, eff. July 1, 2004; Laws 2006, c. 258, § 1, emerg. eff. June 7, 2006. Renumbered from Title 10, § 7001-1.3 and amended by Laws 2009, c. 233, §§ 11, 211, emerg. eff. May 21, 2009. Laws 2009, c. 338, § 3, eff. July 1, 2009.

2009 Main Volume

This section, as originally enacted in 1968, read:

"When used in this Act, unless the context otherwise requires:

"(a) The term 'child' means any male person under the age of sixteen (16) years and any female person under the age of eighteen (18) years.

"(b) The term 'delinquent child' means (1) any child who has violated any Federal or State law or municipal ordinance, excepting a traffic statute or ordinance, or any lawful order of the court made under this Act; or (2) a child who has habitually violated traffic laws or ordinances.

"(c) The term 'child in need of supervision' means any child who is habitually truant from school, or who is beyond the control of his parents, guardian or other custodian, or who habitually deports himself so as to injure or endanger the health or morals of himself or others.

"(d) The term 'dependent or neglected child' means any child who is for any reason destitute, homeless or abandoned; or who is dependent upon the public for support; or who has not the proper parental care or guardianship; or whose home, by reason of neglect, cruelty, or depravity on the part of his parents, guardian or other person in whose care it may be, is an unfit place for such child; or who is in need of special care and treatment because of his physical or mental condition, and his parents, guardian or legal custodian is unable to provide it; or whose parent or legal custodian for good cause desires to be relieved of his custody; or who is without necessary care or support through no fault of his parents, guardian or custodian. Provided, however, no child who, in good faith, is being provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a dependent or neglected child under any provision of this Act.

"(e) The term 'Department' means the Department of Public Welfare of the State of Oklahoma.

"(f) The term 'adjudicatory hearing' means a hearing to determine whether the allegations of a petition under Section 103 are supported by the evidence and whether a child should be adjudged to be a ward of the court.

"(g) The term 'dispositional hearing' means a hearing to determine what order of disposition should be made with respect to a child adjudged to be a ward of the court."

Laws 1970, c. 86, § 1 redesignated subsections (e), (f) and (g) as subsections (d), (e) and (f); and substituted for former subsections (a) to (d) the following:

"(a) The term 'delinquent child' means (1) any male person under the age of sixteen (16) years and any female person under the age of eighteen (18) years who has violated any federal or state law or municipal ordinance, excepting a traffic statute or ordinance, or any lawful order of the court made under this act; or (2) a child who has habitually violated traffic laws or ordinances.

"(b) The term 'child in need of supervision' means any person under the age of eighteen (18) years who is habitually truant from school, or who is beyond the control of his parents, guardian or other custodian, or who habitually deports himself so as to injure or endanger the health or morals of himself or others.

"(c) The term 'dependent or neglected child' means any person under the age of eighteen (18) years who is for any reason destitute, homeless or abandoned; or who is dependent upon the public for support; or who has not the proper parental care or guardianship; or whose home, by reason of neglect, cruelty, or depravity on the part of his parents, guardian or other person in whose care it may be, is an unfit place for such child; or who is in need of special care and treatment because of his physical or mental condition, and his parents, guardian or legal custodian is unable to provide it; or whose parent or legal custodian for good cause desires to be relieved of his custody; or who is without necessary care or support through no fault of his parents, guardian or custodian. Provided, however, no child who, in good faith, is being provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a dependent or neglected child under any provision of this act."

Laws 1970, p. 696, S.C.R. No. 93, §§ 1, 2, provide:

"1. In the enactment of Enrolled Senate Bill No. 375 [Chapter 86] of the current session of the Oklahoma Legislature, the Legislature was cognizant of limitations on institutional housing for children committed to the Department of Public Welfare, and of present limitations on funds that could be made available for the care of children adjudicated to be in need of supervision, or dependent or neglected, and did not contemplate immediate adjudications and commitments to the Department of Public Welfare as a result of the enactment of such legislation. It was contemplated that District Courts would first try all other means, consistent with the welfare of the individual child, to make appropriate disposition of older children adjudicated to be in need of supervision, or dependent or neglected.

"2. There was no legislative intent in the enactment of Enrolled Senate Bill No. 375 of the current session of the Oklahoma Legislature to make it possible for a child previously certified as an adult, for purposes of a criminal prosecution, to be dealt with as a 'child in need of supervision' or a 'dependent or neglected child' as a result of such legislation."

The 1972 amendment inserted a new subsection (a) defining "child" as any person under age 18; redesignated former subsection (a) to be subsection (b), with the substitution of "a child" for "any male person under the age of sixteen (16) years and any female person under the age of eighteen (18) years"; redesignated former subsections (b) and (c) to be subsections (c) and (d), with the substitution of "means a child who is" for "means any person under the age of (18) eighteen years".

Section 4 of Law 1972, c. 122 repealed conflicting laws.

The 1977 amendment rewrote subsection (c) to read:

"(c) The term 'child in need of supervision' means a child who:

"(1) has repeatedly disobeyed reasonable and lawful commands or directives of his parent, or legal guardian or other custodian; or

"(2) is willfully and voluntarily absent from his home without the consent of his parent or guardian or legal custodian for a substantial length of time or without intent to return."

The 1977 amendment also made the terms "dependent and neglected" to be synonymous with "deprived" in subsection (d); indicated the Department of Public Welfare was also known as the Department of Institutions, Social and Rehabilitative Services in subsection (e); and added subsection (h), defining "preliminary inquiry" or "intake".

Laws 1979, c. 257, § 1, added an exception to subsection (a) which was similar to present subsection 1; added subsection (b)(3) to read, "any sixteen- or seventeen-year-old who has been certified for juvenile proceedings by the criminal division of the district court"; added subsection (c)(3) to read, "being subject to compulsory school attendance, the child is willfully and voluntarily absent from school for fifteen (15) or more days or parts of days within a semester or four (4) or more days or parts of days within a four-week period without a valid excuse, as defined by the local school boards"; and rewrote subsection (g) to read, "The term 'dispositional hearing' means a hearing to determine what order of disposition should be made with respect to a child adjudged to be a ward of the court."

The 1980 amendment deleted subsection (b)(3), which had been added by Laws 1979, c. 257 (see 1979 amendment note, ante); and redefined "Department" to mean "... the Department of Human Services, successor to the Department of Public Welfare and the Department of Institutions, Social and Rehabilitative Services."

Section 1 of Laws 1979, c. 248, amending this section, was repealed by Laws 1980, c. 242, § 2.

The 1982 amendment, in the definition of "child", substituted "rape in the first degree" for "rape in the second degree"; and substituted, for former subsections (e) to (h), subsections E to T which read:

"E. 'Child in need of treatment' is any child who is afflicted with a substantial disorder of the emotional processes, thought or cognition which grossly impairs judgment, behavior or capacity to recognize reality or ability to meet the ordinary demands of life appropriate to the age of the child; 'Child in need of treatment' shall not mean a child afflicted with epilepsy, mental retardation, organic brain syndrome, physical handicaps or brief periods of intoxication caused by such substances as alcohol or drugs unless the child also meets the criteria for a child in need of treatment.

"F. 'Department' means the Department of Human Services.

"G. 'Adjudicatory hearing' means a hearing to determine whether the allegations of a petition under Section 1103 of this title are supported by the evidence and whether a child should be adjudged to be a ward of the court.

"H. 'Dispositional hearing' means a hearing to determine what order of disposition should be made with respect to a child adjudged to be a ward of the court.

"I. 'Preliminary inquiry' or 'intake' means a mandatory, pre-adjudicatory interview of the child and where available his parents, guardian or custodian performed by a duly-authorized individual to determine whether a child comes within the purview of this chapter, whether other nonadjudicatory alternatives are available and appropriate, and whether the filing of a petition is necessary.

"J. 'Facility' means a place, an institution, a building or part thereof, set of buildings or an area whether or not enclosing a building or set of buildings which is used for the lawful custody and treatment of juveniles and may be owned or operated by public or private agencies.

"K. 'Secure facility' means a facility which is designed and operated to ensure that all entrances and exits from the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeter of the facility, or which relies on locked rooms and buildings, fences or physical restraint in order to control behavior of its residents.

"L. 'Community-based' means a facility, program or service, or open group home or other suitable place located near the home or family of the child, and programs of community supervision and service which maintain community participation in their planning, operation and evaluation. These programs may include, but are not limited to, medical, educational, vocational, social and psychological guidance, training, counseling, alcoholism treatment, drug treatment and other rehabilitative services.

"M. 'Day treatment' means a program which provides intensive services to children who reside in their own home, the home of a relative or a foster home. Day treatment programs include educational services and may be operated as a part of a residential facility.

"N. 'Group home' means a residential facility housing no more than twelve (12) children with a program which emphasizes family-style living in a home-like environment. Such group home may also offer a program, within the community, to meet the specialized treatment needs of its residents.

"O. 'Community residential center' means a residential facility for no more than twenty (20) children which offers a range of services, including personal and social, and emphasizes normal group living, school attendance, securing employment, and general participation in the community.

"P. 'Institution' means a residential facility offering care and treatment for more than twenty (20) residents. Such institution may:

"a. have a program which includes community participation and community-based

services, or

"b. be a secure facility with a program exclusively designed for a particular

category of resident.

"Q. 'Mental health facility' means:

"1. A facility or program operated by the Department of Mental Health or a facility operated by a private agency which offers outpatient or residential care and treatment services to children in need of treatment which is licensed by the Department of Mental Health to provide such care and treatment including, but not limited to, public or private hospitals, institutions or agencies, comprehensive mental health centers, clinics, satellites, day treatment facilities, halfway homes and group homes. A facility accredited by the Joint Commission on Accreditation of Hospitals to provide care and treatment to children in need of treatment shall be deemed to meet rules and regulations promulgated by the Department of Mental Health for licensure;

"2. A child guidance center operated by the Department of Health; or

"3. A facility or program operated by the Department of Human Services designated by the Department to be a mental health treatment center for children in the custody of the Department.

"R. 'Training school' means an institution maintained by the state exclusively for the care, education, training, treatment and rehabilitation of delinquent children.

"S. 'Rehabilitative facility' means a facility maintained by the state exclusively for the care, education, training, treatment and rehabilitation of children in need of supervision.

"T. 'Treatment center' means a facility maintained by the state for the care, education, training, treatment and rehabilitation of children who are in the custody of the Department and who have been found by the court to be in need of treatment."

The 1984 amendment rewrote the section, which prior thereto read:

"When used in this title, unless the context otherwise requires:

"A. 'Child' means any person under the age of eighteen (18) years, except any person sixteen (16) or seventeen (17) years of age who is charged with murder, kidnapping for purposes of extortion, robbery with a dangerous weapon, rape in the first degree, use of a firearm or other offensive weapon while committing a felony, arson in the first degree, burglary with explosives, shooting with intent to kill, manslaughter in the first degree or nonconsensual sodomy.

"B. 'Delinquent child' means:

"1. A child who has violated any federal or state law or municipal ordinance, excepting a traffic statute or traffic ordinance; or any lawful order of the court made under Sections 1101 through 1506 of this title; or

"2. A child who has habitually violated traffic laws or traffic ordinances.

"C. 'Child in need of supervision' means a child who:

"1. Has repeatedly disobeyed reasonable and lawful commands or directives of his parent, or legal guardian or other custodian;

"2. Is willfully and voluntarily absent from his home without the consent of his parent or guardian or legal custodian for a substantial length of time or without intent to return; or

"3. Being subject to compulsory school attendance, the child is willfully and voluntarily absent from school for fifteen (15) or more days or parts of days within a semester or four (4) or more days or parts of days within a four-week period without a valid excuse, as defined by the local school boards.

"D. 'Deprived child' means a child who is for any reason destitute, homeless or abandoned; or who has not the proper parental care or guardianship; or whose home, by reason of neglect, cruelty, or depravity on the part of his parents, guardian or other person in whose care the child may be, is an unfit place for such child; or who is in need of special care and treatment because of his physical or mental condition, and his parents, guardian or legal custodian is unable or willfully fails to provide it; or being subject to compulsory school attendance, the child is, due to improper parental care and guardianship, absent from school for fifteen (15) or more days or parts of days within a semester or four (4) or more days or parts of days within a four-week period without a valid excuse, as defined by the local school boards; or whose parent or legal custodian for good cause desires to be relieved of his custody. Provided, however, no child who, in good faith, is being provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination by a duly-accredited practitioner thereof shall, for that reason alone, be considered to be a deprived child under any provision of Sections 1101 through 1506 of this title. Where used in this title, the phrase 'dependent and neglected' shall be deemed to mean 'deprived'.

"E. 'Child in need of treatment' is any child who is afflicted with a substantial disorder of the emotional processes, thought or cognition which grossly impairs judgment, behavior or capacity to recognize reality or ability to meet the ordinary demands of life appropriate to the age of the child; 'Child in need of treatment' shall not mean a child afflicted with epilepsy, mental retardation, organic brain syndrome, physical handicaps or brief periods of intoxication caused by such substances as alcohol or drugs unless the child also meets the criteria for a child in need of treatment.

"F. 'Department' means the Department of Human Services.

"G. 'Adjudicatory hearing' means a hearing to determine whether the allegations of a petition under Section 1103 of this title are supported by the evidence and whether a child should be adjudged to be a ward of the court.

"H. 'Dispositional hearing' means a hearing to determine what order of disposition should be made with respect to a child adjudged to be a ward of the court.

"I. 'Preliminary inquiry' or 'intake' means a mandatory, pre-adjudicatory interview of the child and where available his parents, guardian or custodian performed by a duly-authorized individual to determine whether a child comes within the purview of this chapter, whether other nonadjudicatory alternatives are available and appropriate, and whether the filing of a petition is necessary.

"J. 'Facility' means a place, an institution, a building or part thereof, set of buildings or an area whether or not enclosing a building or set of buildings which is used for the lawful custody and treatment of juveniles and may be owned or operated by public or private agencies.

"K. 'Secure facility' means a facility which is designed and operated to ensure that all entrances and exits from the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeter of the facility, or which relies on locked rooms and buildings, fences or physical restraint in order to control behavior of its residents.

"L. 'Community-based' means a facility, program or service, or open group home or other suitable place located near the home or family of the child, and programs of community supervision and service which maintain community participation in their planning, operation and evaluation. These programs may include, but are not limited to, medical, educational, vocational, social and psychological guidance, training, counseling, alcoholism treatment, drug treatment and other rehabilitative services.

"M. 'Day treatment' means a program which provides intensive services to children who reside in their own home, the home of a relative or a foster home. Day treatment programs include educational services and may be operated as a part of a residential facility.

"N. 'Group home' means a residential facility housing no more than twelve (12) children with a program which emphasizes family-style living in a home-like environment. Such group home may also offer a program, within the community, to meet the specialized treatment needs of its residents.

"O. 'Community residential center' means a residential facility for no more than twenty (20) children which offers a range of services, including personal and social, and emphasizes normal group living, school attendance, securing employment, and general participation in the community.

"P. 'Institution' means a residential facility offering care and treatment for more than twenty (20) residents. Such institution may:

"a. have a program which includes community participation and community-based

services, or

"b. be a secure facility with a program exclusively designed for a particular

category of resident.

"Q. 'Mental health facility' means:

"1. A facility or program operated by the Department of Mental Health or a facility operated by a private agency which offers outpatient or residential care and treatment services to children in need of treatment which is licensed by the Department of Mental Health to provide such care and treatment including, but not limited to, public or private hospitals, institutions or agencies, comprehensive mental health centers, clinics, satellites, day treatment facilities, halfway homes and group homes. A facility accredited by the Joint Commission on Accreditation of Hospitals to provide care and treatment to children in need of treatment shall be deemed to meet rules and regulations promulgated by the Department of Mental Health for licensure;

"2. A child guidance center operated by the Department of Health; or

"3. A facility or program operated by the Department of Human Services designated by the Department to be a mental health treatment center for children in the custody of the Department.

"R. 'Training school' means an institution maintained by the state exclusively for the care, education, training, treatment and rehabilitation of delinquent children.

"S. 'Rehabilitative facility' means a facility maintained by the state exclusively for the care, education, training, treatment and rehabilitation of children in need of supervision.

"T. 'Treatment center' means a facility maintained by the state for the care, education, training, treatment and rehabilitation of children who are in the custody of the Department and who have been found by the court to be in need of treatment."

The 1987 amendment inserted "including a child born in a condition of dependence on a controlled dangerous substance," in the definition of "Deprived child".

Laws 1988, c. 76, § 1, in paragraph 1, substituted "nonconsensual sodomy, or who has been certified as an adult pursuant to Section 1112 of this title; provided that any person under eighteen (18) years of age who is not convicted after being charged with a crime pursuant to Section 1104.2 of this title, or who is not convicted after certification as an adult pursuant to Section 1112 of this title, shall continue to be subject to the jurisdiction of the juvenile court" for "or nonconsensual sodomy".

Laws 1988, c. 238, § 1, in paragraph 18.a, in the first sentence, deleted "and is licensed by the Department of Mental Health to provide such care and treatment," preceding "including", inserted the second sentence, and in the third sentence, inserted "which offers residential treatment services to children in need of treatment shall be licensed by the Department of Mental Health except that a facility".

Laws 1990, c. 238, § 1, in paragraph 1, substituted "any crime specified in subsection A of Section 1104.2 of this title" for "murder, kidnapping for purposes of extortion, robbery with a dangerous weapon, rape in the first degree, use of a firearm or other offensive weapon while committing a felony, arson in the first degree, burglary with explosives, shooting with intent to kill, manslaughter in the first degree, nonconsensual sodomy"; in paragraph 13, in the second sentence, inserted "transitional living, independent living"; inserted paragraphs 16 and 17; redesignated former paragraphs 16 through 21 as paragraphs 18 through 23; and in paragraph 20.a, inserted "and Substance Abuse Services" four times.

Laws 1990, c. 337, § 1, in paragraph 20.c, inserted "State".

Section 5 of Laws 1990, c. 51, amending this section, was repealed by Laws 1990, c. 337, § 26.

The 1991 amendment rewrote paragraphs 4 and 5, which prior thereto read:

"4. 'Deprived child' means a child who is for any reason destitute, homeless, or abandoned or who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, cruelty, or depravity on the part of his parents, legal guardian, or other person in whose care the child may be, or who is a child in need of special care and treatment because of his physical or mental condition including a child born in a condition of dependence on a controlled dangerous substance, and his parents, legal guardian, or other custodian is unable or willfully fails to provide said special care and treatment, or who is a handicapped child deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of said child if such nutrition or medical treatment is generally provided to similarly situated nonhandicapped or handicapped children, provided that no medical treatment is necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child, or who is, due to improper parental care and guardianship, absent from school for fifteen (15) or more days or parts of days within a semester or four (4) or more days or parts of days within a four-week period without a valid excuse as defined by the local school boards if said child is subject to compulsory school attendance, or whose parent or legal custodian for good cause desires to be relieved of his custody. No child who, in good faith, is being provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof shall be considered, for that reason alone, to be a deprived child pursuant to any provision of Sections 1101 through 1506 of this title. The phrase dependent and neglected shall be deemed to mean deprived.

"5. 'Child in need of treatment' means any child who is afflicted with a substantial disorder of the emotional processes, thought, or cognition which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life appropriate to the age of the child. The term child in need of treatment shall not mean a child afflicted with epilepsy, mental retardation, organic brain syndrome, physical handicaps, or brief periods of intoxication caused by such substances as alcohol or drugs unless the child also meets the criteria for a child in need of treatment."

; inserted paragraphs 21 through 25; and redesignated former paragraphs 21 through 23 as paragraphs 26 through 28.

Section 1 of Laws 1990, c. 302, amending this section, was repealed by Laws 1991, c. 335, § 36.

The 1992 amendment rewrote paragraph 5, which prior thereto read:

" 'Child in need of treatment' means a child who has a demonstrable mental illness and as a result of that mental illness:

"a. can be expected within the near future to intentionally or unintentionally

seriously physically injure himself or another person and has engaged in one or

more recent overt acts or made significant recent threats which substantially

support that expectation, or

"b. is unable to attend to those of his basic needs that must be attended to in

order for him to avoid serious harm in the near future and has demonstrated

such inability by failing to attend to those basic needs in the recent past. A

determination regarding the ability of the child to attend to his basic needs

shall be based upon the age of the child and reasonable and appropriate

expectation of the abilities of a child of such age to attend to said needs.

"The term 'child in need of treatment' shall not mean a child afflicted with epilepsy, developmental disability, organic brain syndrome, physical handicaps, brief periods of intoxication caused by such substances as alcohol or drugs or who is truant or sexually active unless the child also meets the criteria for a child in need of treatment pursuant to subparagraphs a or b of this paragraph."

; rewrote paragraph 20, which prior thereto read:

" 'Mental health facility' means:

"a. a facility or program operated by the Department of Mental Health and

Substance Abuse Services or a facility or program operated by a private agency

which offers outpatient or residential care and treatment services to children

in need of treatment including but not limited to public or private hospitals,

institutions, or agencies, comprehensive mental health centers, clinics,

satellites, day treatment facilities, halfway homes, and group homes. A

facility which or a program that offers outpatient care and treatment services

to children in need of treatment shall be certified by the Department of Mental

Health and Substance Abuse Services. A facility which offers residential

treatment services to children in need of treatment shall be licensed by the

Department of Mental Health and Substance Abuse Services except that a facility

accredited by the Joint Commission on Accreditation of Hospitals to provide

care and treatment to children in need of treatment shall be deemed to meet

rules and regulations promulgated by the Department of Mental Health and

Substance Abuse Services for licensure, or

"b. a child guidance center operated by the Department of health, or

"c. a facility or program operated by the State Department of Human Services

and designated by the Department to be a mental health treatment center for

children in the custody of the Department."

; deleted former paragraphs 21 through 25, which read:

"21. 'Qualified mental health professional' means an individual having specific training and current experience in the mental health testing, examination, evaluation and diagnosis of children and adolescents and who:

"a. holds at least a master's degree in a mental health field and is employed

by the Department of Mental Health and Substance Abuse Services, the State

Department of health, or the Department of Human Services as a provider of

mental health services in an Office of Personnel Management employment

classification of Psychological Assistant or above or Social Worker II or

above, or

"b. has been awarded a current, valid Oklahoma license in a mental health field

or permission to practice by a licensure board in a mental health field.

"for the purpose of this paragraph, 'mental health field' means medicine, psychology, counseling and guidance, applied behavioral studies, human relations or social work.

"22. 'Independent' means that the person or persons performing a mental health examination and submitting a report to the court pursuant to the provisions of this title has no financial interest in or other connections to or relationships with a facility in which the child will be placed for inpatient mental health services that would constitute a conflict of interest, and has signed an affidavit to that effect.

"23. 'Mental health examination' and 'mental health evaluation' means an examination or evaluation of a child by a qualified mental health professional for the purpose of making a determination or preparing reports or recommendations as to whether, in the opinion of the qualified mental health professional:

"a. the child is a child in need of treatment and the least restrictive

treatment necessary and appropriate for the child, or

"b. the child is not a child in need of treatment, and the mental health

services, if any, necessary and appropriate for the child.

"24. 'Less restrictive alternative to inpatient mental health care and treatment' means and shall include but not be limited to: Outpatient counseling services, including services provided in the home of the child and which may be referred to as 'home-based services'; day treatment or day hospitalization services; respite care; foster care; group home care that provides for the delivery of services specifically designed to meet the treatment needs of children in need of treatment; or some combination thereof.

"25. 'Prescreening mental health evaluation' mans a face to face examination of a child by a qualified mental heal professional to determine whether the child should be admitted to a hospital or inpatient mental health facility on an emergency psychiatric basis as provided by Section 1107 of this title."

; and redesignated former paragraphs 26 through 28 as paragraphs 21 through 23.

Laws 1993, c. 342, § 1, in paragraphs 1 through 21, substituted ";" for "." at the end of the paragraph; in paragraph 2.a, inserted "any provision of the Oklahoma Wildlife Conservation Code, Section 1-101 et seq. of Title 29 of the Oklahoma Statutes," and substituted "1505" for "1506"; in paragraph 4, in the second paragraph, in the first sentence, substituted "1505" for "1506"; in paragraph 5, inserted ", Section 5-501 et seq. of Title 43A of the Oklahoma Statutes"; and in paragraph 22, substituted "; and" for ".".

Laws 1994, c. 2 § 1, rewrote paragraph 4, which prior thereto read:

"4. 'Deprived child' means a child:

"a. who is for any reason destitute, homeless, or abandoned, or

"b. who does not have the proper parental care or guardianship or whose home is

an unfit place for the child by reason of neglect, cruelty, or depravity on the

part of his parents, legal guardian, or other person in whose care the child

may be, or

"c. who is a child in need of special care and treatment because of his

physical or mental condition including a child born in a condition of

dependence on a controlled dangerous substance, and his parents, legal

guardian, or other custodian is unable or willfully fails to provide said

special care and treatment, or

"d. who is a handicapped child deprived of the nutrition necessary to sustain

life or of the medical treatment necessary to remedy or relieve a life-

threatening medical condition in order to cause or allow the death of said

child if such nutrition or medical treatment is generally provided to similarly

situated nonhandicapped or handicapped children, provided that no medical

treatment is necessary if, in the reasonable medical judgment of the attending

physician, such treatment would be futile in saving the life of the child, or

"e. who is, due to improper parental care and guardianship, absent from school

for fifteen (15) or more days or parts of days within a semester or four (4) or

more days or parts of days within a four-week period without a valid excuse as

defined by the local school boards if said child is subject to compulsory

school attendance, or

"f. whose parent or legal custodian for good cause desires to be relieved of

his custody.

"No child who, in good faith, is being provided with treatment and care by spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination by a duly accredited practitioner thereof shall be considered, for that reason alone, to be a deprived child pursuant to any provision of Sections 1101 through 1505 of this title. The phrase dependent and neglected shall be deemed to mean deprived;"

; and added paragraph 24.

Section 1 of Laws 1993, c. 208, amending this section, was repealed by Laws 1994, c. 2, § 34.

Laws 1994, c. 290, § 3, in paragraph 1, substituted ", or any person thirteen (13), fourteen (14) or fifteen (15) years of age who is charged with murder in the first degree pursuant to subsection B of Section 1104.2 of this title, or any individual who has been certified as an adult pursuant to Section 1112 of this title, or any individual against whom the imposition of judgment and sentence has been deferred for any crime specified in subsection A or B of Section 1104.2 of this title, any individual against whom the imposition of judgment and sentence has been deferred after certification as an adult pursuant to Section 1112 of this title; provided that any person under eighteen (18) years of age who is not convicted after being charged with a crime pursuant to Section 1104.2 of this title, or any individual" for ", or who has been certified as an adult pursuant to Section 1112 of this title; provided that any person under eighteen (18) years of age who is not convicted after being charged with a crime pursuant to Section 1104.2 of this title, or who"; in paragraph 2.a, deleted ", Section 1-101 et seq. of Title 29 of the Oklahoma Statutes," following "Code"; rewrote paragraphs 23 and 24, which prior thereto read:

"23. 'Treatment center' means a facility maintained by the state for the care, education, training, treatment, and rehabilitation of children who are in the custody of the Department and who have been found by the court to be in need of treatment; and

"24. 'Commission' means the Commission for Human Services."

; and added paragraphs 25 and 26.

Laws 1995, c. 352, § 3, rewrote the section, which prior thereto read:

When used in this title, unless the context otherwise requires:

"1. 'Child' means any person under eighteen (18) years of age, except for any person sixteen (16) or seventeen (17) years of age who is charged with any crime specified in subsection A of Section 1104.2 of this title, or any person thirteen (13), fourteen (14) or fifteen (15) years of age who is charged with murder in the first degree pursuant to subsection B of Section 1104.2 of this title, or any individual who has been certified as an adult pursuant to Section 1112 of this title, or any individual against whom the imposition of judgment and sentence has been deferred for any crime specified in subsection A or B of Section 1104.2 of this title, any individual against whom the imposition of judgment and sentence has been deferred after certification as an adult pursuant to Section 1112 of this title; provided that any person under eighteen (18) years of age who is not convicted after being charged with a crime pursuant to Section 1104.2 of this title, or any individual who is not convicted after certification as an adult pursuant to Section 1112 of this title, shall continue to be subject to the jurisdiction of the juvenile court;

"2. 'Delinquent child' means a child who:

"a. has violated any federal or state law or municipal ordinance, except a

traffic statute or traffic ordinance, any provision of the Oklahoma Wildlife

Conservation Code or any lawful order of the court made pursuant to the

provisions of Sections 1101 through 1505 of this title, or

"b. has habitually violated traffic laws or traffic ordinances;

"3. 'Child in need of supervision' means a child who:

"a. has repeatedly disobeyed reasonable and lawful commands or directives of

his parent, legal guardian, or other custodian, or

"b. is willfully and voluntarily absent from his home without the consent of

his parent, legal guardian, or other custodian for a substantial length of time

or without intent to return, or

"c. is willfully and voluntarily absent from school for fifteen (15) or more

days or parts of days within a semester or four (4) or more days or parts of

days within a four-week period without a valid excuse as defined by the local

school boards, if said child is subject to compulsory school attendance;

"4. a. 'Deprived child' means a child:

"(1) who is for any reason destitute, homeless, or abandoned, or

"(2) who does not have the proper parental care or guardianship or whose home

is an unfit place for the child by reason of neglect, cruelty, or depravity on

the part of his parents, legal guardian, or other person in whose care the

child may be, or

"(3) who is a child in need of special care and treatment because of his

physical or mental condition including a child born in a condition of

dependence on a controlled dangerous substance, and his parents, legal

guardian, or other custodian is unable or willfully fails to provide said

special care and treatment, or

"(4) who is a handicapped child deprived of the nutrition necessary to sustain

life or of the medical treatment necessary to remedy or relieve a life-

threatening medical condition in order to cause or allow the death of said

child if such nutrition or medical treatment is generally provided to similarly

situated nonhandicapped or handicapped children, provided that no medical

treatment is necessary if, in the reasonable medical judgment of the attending

physician, such treatment would be futile in saving the life of the child, or

"(5) who is, due to improper parental care and guardianship, absent from school

for fifteen (15) or more days or parts of days within a semester or four (4) or

more days or parts of days within a four-week period without a valid excuse as

defined by the local school boards if said child is subject to compulsory

school attendance, or

"(6) whose parent or legal custodian for good cause desires to be relieved of

his custody.

"b. (1) nothing in this paragraph shall be construed to mean a child is

deprived for the sole reason the parent, guardian or person having custody or

control of a child, in good faith, selects and depends upon spiritual means

alone through prayer, in accordance with the tenets and practice of a

recognized church or religious denomination, for the treatment or cure of

disease or remedial care of such child.

"(2) nothing contained in this subparagraph shall prevent a court from

immediately assuming custody of a child pursuant to Section 1107 of this title

and ordering whatever action may be necessary, including medical treatment, to

protect the child's health or welfare.

"The phrase dependent and neglected shall be deemed to mean deprived;

"5. 'Child in need of mental health treatment' means a child in need of mental health treatment as defined by the Inpatient Mental Health Treatment of Children Act, Section 5-501 et seq. of Title 43A of the Oklahoma Statutes;

"6. 'Handicapped child' means any child who has a physical or mental impairment which substantially limits one or more of the major life activities of the child or who is regarded as having such an impairment by a competent medical professional;

"7. 'Department' means the Department of Human Services;

"8. 'Adjudicatory hearing' means a hearing to determine whether the allegations of a petition pursuant to the provisions of Section 1103 of this title are supported by the evidence and whether a child should be adjudged to be a ward of the court;

"9. 'Dispositional hearing' means a hearing to determine the order of disposition which should be made with respect to a child adjudged to be a ward of the court;

"10. 'Preliminary inquiry' or 'intake' means a mandatory, preadjudicatory interview of the child and, if available, his parents, legal guardian, or other custodian, which is performed by a duly authorized individual to determine whether a child comes within the purview of this chapter, whether other nonadjudicatory alternatives are available and appropriate, and if the filing of a petition is necessary;

"11. 'Facility' means a place, an institution, a building or part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings which is used for the lawful custody and treatment of juveniles and may be owned or operated by a public or private agency;

"12. 'Secure facility' means a facility which is designed and operated to ensure that all entrances and exits from the facility are subject to the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeter of the facility, or a facility which relies on locked rooms and buildings, fences, or physical restraint in order to control behavior of its residents;

"13. 'Community-based' means a facility, program or service, or open group home or other suitable place located near the home or family of the child, and programs of community supervision and service which maintain community participation in their planning, operation, and evaluation. These programs may include but are not limited to medical, educational, vocational, social, and psychological guidance, training, counseling, alcoholism treatment, drug treatment, transitional living, independent living and other rehabilitative services;

"14. 'Day treatment' means a program which provides intensive services to children who reside in their own home, the home of a relative, or a foster home. Day treatment programs include educational services and may be operated as a part of a residential facility;

"15. 'Group home' means a residential facility housing no more than twelve children with a program which emphasizes family-style living in a homelike environment. Said group home may also offer a program within the community to meet the specialized treatment needs of its residents;

"16. 'Transitional living program' means a residential program that may be attached to an existing facility or operated solely for the purpose of assisting children to develop the skills and abilities necessary for successful adult living. Said program may include but shall not be limited to reduced staff supervision, vocational training, educational services, employment and employment training, and other appropriate independent living skills training as a part of the transitional living program;

"17. 'Independent living program' means a program designed to assist a child to enhance skills and abilities necessary for successful adult living and may include but shall not be limited to minimal direct staff supervision and supportive services in making the arrangements necessary for an appropriate place of residence, completing an education, vocational training, obtaining employment or other similar services;

"18. 'Community residential center' means a residential facility for no more than twenty children which offers a range of services including personal and social services, and emphasizes normal group living, school attendance, securing employment, and general participation in the community;

"19. 'Institution' means a residential facility offering care and treatment for more than twenty residents. Said institution may:

"a. have a program which includes community participation and community-based

services, or

"b. be a secure facility with a program exclusively designed for a particular

category of resident;

"20. 'Mental health facility' means a mental health facility as defined by the Inpatient Mental Health Treatment of Children Act;

"21. 'Training school' means an institution maintained by the state exclusively for the care, education, training, treatment, and rehabilitation of delinquent children;

"22. 'Rehabilitative facility' means a facility maintained by the state exclusively for the care, education, training, treatment, and rehabilitation of children in need of supervision;

"23. 'Secure detention' means the temporary care of children who require secure custody in physically restricting facilities:

"a. while under the continuing jurisdiction of the court pending court

disposition, or

"b. pending placement by the Department of Human Services after adjudication;

"24. 'Probation' means a legal status created by court order whereby a delinquent child is permitted to remain outside a Department facility directly or by contract under prescribed conditions and under supervision by the Department, subject to return to the court for violation of any of the conditions prescribed;

"25. 'Office' means the Office of Juvenile Affairs; and

"26. 'Board' means the Board of Juvenile Affairs."

Laws 1996, c. 47, § 1, in paragraph 9.a [now paragraph 10.a], inserted division (5) and redesignated former division (5) as division (6).

Section 4 of Laws 1995, c. 270, amending this section, as renumbered by Laws 1995, c. 352, § 199, was repealed by Laws 1996, c. 47, § 4.

Laws 1996, c. 200, § 3, in paragraph 2, deleted "a person who has been legally emancipated and" following "except"; in paragraph 6 [now paragraph 7], in the third sentence, substituted "financial" for "fiduciary"; in paragraph 9.a [now paragraph 10.a], in division (2), substituted "the child's" for "his", and in division (6), deleted "his" preceding "custody"; and in paragraph 19 [now paragraph 28], substituted "; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of this title;" for ", a legal guardian, custodian, a foster parent, a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child,".

Laws 1996, c. 353, § 15, inserted paragraph 5; redesignated former paragraphs 5 through 12 as paragraphs 6 through 13; inserted paragraphs 14 through 19; redesignated former paragraphs 13 through 16 as paragraphs 20 through 23, rewriting paragraph 21, which prior thereto read:

" 'Independent living program' means a program designed to assist a child to enhance skills and abilities necessary for successful adult living and may include, but shall not be limited to, minimal direct staff supervision and supportive services in making the arrangements necessary for an appropriate place of residence, completing an education, vocational training, obtaining employment, or other similar services;"

; inserted paragraph 24; redesignated former paragraphs 17 and 18 as paragraphs 25 and 26; inserted paragraph 27; redesignated former paragraphs 19 through 22 as paragraphs 28 through 31; inserted paragraph 32; redesignated former paragraph 23 as paragraph 33; inserted paragraph 34; redesignated former paragraph 24 as paragraph 35; inserted paragraph 36; redesignated former paragraphs 25 through 28 as paragraphs 37 through 40; and rewrote paragraph 40, which prior thereto read:

" 'Treatment and service plan' means a written document which includes as least the following: a description of the type of home or facility in which a child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to carry out the judicial determination made with respect to the child; and a plan for assuring that the child receive proper care and that services are provided to the parents, child, and placement providers in order to improve the conditions in the parents' home, facilitate return of the child to the child's own home or to an alternate permanent placement of the child and address the needs of the child while in out-of-home care, including a discussion of the appropriateness of the services that have been provided to the child under the plan."

Laws 1997, c. 386, § 19, without reference to Laws 1997, c. 153, § 1, in paragraph 1, substituted "Section 7003-3.1 et seq. of this title" for "Part 3 of Article III of this Code"; in paragraph 31, substituted "Section 7003-2.1 et seq. of this title" for "Part 2 of Article III of this Code"; and in paragraph 40, in the introductory paragraph, substituted "at" for "as".

Laws 1998, c. 5, § 2, in subsection G, paragraph 2, subparagraph a, added second sentence.

Section 1 of Laws 1997, c. 153, amending this section, was repealed by Laws 1998, c. 5, § 29.

Section 2 of Laws 1998, c. 421, rewrote section, which prior thereto read:

"When used in the Oklahoma Children's Code, unless the context otherwise requires:

"1. 'Adjudicatory hearing' means a hearing to determine whether the allegations of a petition pursuant to the provisions of Section 7003-3.1 et seq of this title are supported by the evidence and whether a child should be adjudged to be a ward of the court;

"2. 'Child' means any person under eighteen (18) years of age except any person convicted of a crime specified in Section 7306-1.1 of this title or any person who has been certified as an adult pursuant to Section 7303-4.3 of this title and convicted of a felony;

"3. 'Child in need of mental health treatment' means a child in need of mental health treatment as defined by the Inpatient Mental Health Treatment of Children Act;

"4. 'Child with a disability' means any child who has a physical or mental impairment which substantially limits one or more of the major life activities of the child or who is regarded as having such an impairment by a competent medical professional;

"5. 'Child-placing agency' means a private agency licensed to place children in foster family homes, group homes, adoptive homes, transitional or independent living programs, or family child care homes or other out-of-home placements; and which approves and monitors such placements and facilities in accordance with the licensing requirements established by the Oklahoma Child Care Facilities Licensing Act;

"6. 'Community-based services' or 'community-based programs' means services or programs which maintain community participation or supervision in their planning, operation, and evaluation. Community-based services and programs may include, but are not limited to, emergency shelter, crisis intervention, group work, case supervision, job placement, recruitment and training of volunteers, consultation, medical, educational, home-based services, vocational, social, preventive and psychological guidance, training, counseling, early intervention and diversionary substance abuse treatment, sexual abuse treatment, transitional living, independent living, and other related services and programs;

"7. 'Court-appointed special advocate' or 'CASA' means a responsible adult, other than an attorney for the parties, who has volunteered to be available for appointment by the court to serve as an officer of the court and represent any child over whom the district court exercises jurisdiction, based on the availability of volunteers, until discharged by the court. Provided that priority shall be given to cases wherein a juvenile petition has been filed. It shall be the duty and responsibility of the court-appointed special advocate to advocate for the best interests of the child and to assist the child in obtaining a permanent, safe, homelike placement. A court-appointed special advocate shall not have any financial responsibility in any matter relating to a child represented by the court-appointed special advocate;

"8. 'Day treatment' means a nonresidential program which provides intensive services to children who reside in their own home, the home of a relative, group home, a foster home or residential child care facility. Day treatment programs include, but are not limited to, educational services;

"9. 'Department' means the Department of Human Services;

"10. a. 'Deprived child' means a child:

"(1) who is for any reason destitute, homeless, or abandoned,

"(2) who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, abuse, cruelty, or depravity on the part of the child's parents, legal guardian, or other person responsible for the child's health or welfare,

"(3) who is a child in need of special care and treatment because of his physical or mental condition including, but not limited to, a child born in a condition of dependence on a controlled dangerous substance, and his parents, legal guardian, or other custodian is unable or willfully fails to provide said special care and treatment,

"(4) who is a child with a disability deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of said child if such nutrition or medical treatment is generally provided to similarly situated children without a disability or children with disabilities; provided that no medical treatment is necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child,

"(5) who is, due to improper parental care and guardianship, absent from school as specified in Section 10-106 of Title 70 of the Oklahoma Statutes, if said child is subject to compulsory school attendance, or

"(6) whose parent or legal custodian for good cause desires to be relieved of custody.

"b. (1) Nothing in the Oklahoma Children's Code shall be construed to mean a child is deprived for the sole reason the parent, guardian, or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

"(2) Nothing contained in this subparagraph shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.

"The phrase 'dependent and neglected' shall be deemed to mean deprived;

"11. 'Dispositional hearing' means a hearing to determine the order of disposition which should be made with respect to a child adjudged to be a ward of the court;

"12. 'Emergency custody' means court-ordered custody of a child prior to adjudication of the child;

"13. 'Facility' means a place, an institution, a building or part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings used for the lawful custody and treatment of children;

"14. 'Foster care' or 'foster care services' means continuous twenty-four-hour care and supportive services provided for a child, in foster placement, while the child needs foster care;

"15. 'Foster child' means a child placed in foster placement;

"16. 'Foster family' means all persons living in a foster family home, other than a foster child;

"17. 'Foster family home' means the private residence of a family which provides foster care services to a child. Such term shall include a foster family home, a therapeutic foster family home, the home of a relative, or a kinship care home;

"18. 'Foster parent' means any individual maintaining a foster family home, who is responsible for the care of a foster child;

"19. 'Foster placement' means a child-placing agency or foster family home providing foster care services;

"20. 'Group home' means a residential facility housing no more than twelve children with a program which emphasizes family-style living in a homelike environment. Said group home may also offer a program within the community to meet the specialized treatment needs of its residents;

"21. 'Independent living program' means a program specifically designed to assist a child to enhance those skills and abilities necessary for successful adult living. An independent living program may include, but shall not be limited to, minimal direct staff supervision, and supportive services to assist with activities necessary for finding an appropriate place of residence, completing an education or vocational training, obtaining employment, or obtaining other similar services;

"22. 'Institution' means a residential facility offering care and treatment for more than twenty residents;

"23. 'Investigation' means a mandatory preadjudicatory process by the Department to determine the safety of a child and to make a recommendation to the district attorney as to whether a petition should be filed alleging a child to be a deprived child or whether other nonadjudicatory alternatives are available;

"24. 'Kinship care' means full-time care of a child by relatives, members of the relative's clan, stepparents, or other adults who have an existing bond with the child and to whom have been ascribed a family relationship role with the child's parents and the child;

"25. 'Mental health facility' means a mental health facility as defined by the Inpatient Mental Health Treatment of Children Act;

"26. 'Multidisciplinary personnel' means any team of three or more persons who are trained in the prevention, identification, investigation, prosecution and treatment of child physical and sexual abuse cases and who are qualified to facilitate a broad range of interventions and services related to child abuse;

"27. 'Out-of-home placement' means a placement, other than a placement in the home of the parent or guardian from whose custody the court has removed the child, until the child is reunified with the child's parents;

"28. 'Person responsible for a child's health or welfare' includes a parent; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of this title; or an owner, operator, or employee of a child care facility as defined by Section 402 of this title;

"29. 'Preliminary inquiry' means an assessment and determination as to whether there is sufficient information to proceed with an investigation of abuse or neglect of a child or an investigation of failure to protect by the person responsible for the child when there are allegations of abuse or neglect;

"30. 'Permanent custody' means court-ordered custody of an adjudicated deprived child whose parental rights have been terminated;

"31. 'Protective custody' means custody of a child taken pursuant to Section 7003-2.1 et seq. of this title;

"32. 'Relative' means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or any other person related to the child within the fourth degree of consanguinity;

"33. 'Residential child care center' means a twenty-four-hours-a-day residential group care facility at which a specified number of children, normally unrelated, reside with adults other than their parents;

"34. 'Responsible adult' for purposes of the release of a child from protective custody, means a stepparent, foster parent, person related to the juvenile in any manner who is eighteen (18) years of age or older, or any person having an obligation and authority to care for or safeguard the juvenile in another person's absence who is eighteen (18) years of age or older;

"35. 'Secure facility' means a facility which is designed and operated to ensure that all entrances and exits from the facility are subject to the exclusive control of the staff of the facility, whether or not the juvenile being detained has freedom of movement within the perimeter of the facility, or a facility which relies on locked rooms and buildings, fences, or physical restraint in order to control behavior of its residents;

"36. 'Therapeutic foster home' means a foster family home which provides specific treatment services, pursuant to a therapeutic foster care contract, which are designed to remedy social and behavioral problems of a foster child residing in the home;

"37. 'Training school' means an institution maintained by the state exclusively for the care, education, training, treatment, and rehabilitation of juvenile delinquents;

"38. 'Temporary custody' means court-ordered custody of an adjudicated deprived child;

"39. 'Transitional living program' means a residential program that may be attached to an existing facility or operated solely for the purpose of assisting children to develop the skills and abilities necessary for successful adult living. Said program may include, but shall not be limited to, reduced staff supervision, vocational training, educational services, employment and employment training, and other appropriate independent living skills training as a part of the transitional living program; and

"40. 'Treatment and service plan' means a written document which includes at least the following:

"a. a description of the type of home or facility in which a child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to carry out the judicial determination made with respect to the child, and

"b. a plan for assuring that the child receives proper care and that services are provided to the parents, child, and placement providers in order to improve the conditions in the parents' home, facilitate return of the child to the child's own home or to an alternate permanent placement, and address the needs of the child while in out-of-home care, including a discussion of the appropriateness of the services that have been provided to the child under the plan."

Laws 2000, c. 374, § 5, in subsection A, paragraph 1, subparagraphs a and b, substituted "care" for "possession", in subparagraph a, inserted "or methods" following "means" preceding "of identification", in subparagraph d, division (2), subdivision (b), deleted "Pursuant to this subdivision," from the beginning of the subdivision and inserted it following "pregnancy" and preceding "shall", rewrote subparagraph e, which prior thereto read:

"e. has not had significant or meaningful contact with the infant during the six (6) months prior to out-of-home placement or the six (6) months after out-of-home placement, and has not made meaningful efforts to gain or regain custody of or to have regular visitation with the infant, despite being given the opportunity to do so.

"Incidental or token visits, communications or contributions shall not be construed or considered in establishing the proper exercise of parental rights or duties with regard to the infant;"

; in paragraph 3, inserted "or welfare" following "safety" at the end of the first sentence, rewrote subparagraphs b and c, which prior thereto read:

"b. a determination of the factors of the alleged abuse or neglect, and

"c. a determination regarding the family's need for preventive and intervention-related services;"

; in paragraph 10, substituted "has been trained and is supervised by" for "is associated with"; in paragraph 11, inserted ", assigns, supervises" following "trains" and preceding "and supports"; in paragraph 14, subparagraph c, deleted "including, but not limited to, a child born in a condition of dependence on a controlled dangerous substance" following "mental condition' and preceding ",and" and added the second sentence, in subparagraph 4, inserted "legal guardian" following "parent" and deleted "legal" preceding "custodian'; rewrote paragraph 21, which prior thereto read:

"21. "Foster family home' means the private residence of a family which provides foster care services to a child. Such term shall include a foster family home, a specialized foster home, a therapeutic foster family home, the home of a relative, or a kinship care home;"

; in paragraph 24, inserted "subsection B of" preceding "Section 7003-3.7"; rewrote paragraph 26, which prior thereto read:

"26. 'Independent living program' means a program specifically designed to assist a child to enhance those skills and abilities necessary for successful adult living. An independent living program may include, but shall not be limited to, minimal direct staff supervision, and supportive services to assist with activities necessary for finding an appropriate place of residence, completing an education or vocational training, obtaining employment, or obtaining other similar services;"

; in paragraph 27, subparagraph b, inserted "or neglect" following "abuse"; rewrote paragraph 31, which prior thereto read:

"31. 'Kinship relation' means relatives, members of the relative's clan, stepparents, or other responsible adults who have an existing bond with a child and/or to whom has been ascribed a family relationship role with the child's parents or the child;

; rewrote paragraph 33, which prior thereto read:

"33. 'Multidisciplinary personnel' means any team of three or more persons who are trained in the prevention, identification, investigation, prosecution and treatment of child physical and sexual abuse cases and who are qualified to facilitate a broad range of interventions and services related to child abuse;"

"'Out-of-home placement' means a placement, other than a placement in the home of the parent or guardian from whose custody the court has removed the child, until the child is reunified with the child's parents or has been adopted;"

; added paragraph 35; rewrote former paragraph 35 which prior thereto read:

, and redesignated former paragraph 35 as paragraph 36; redesignated former paragraphs 36-38 as paragraphs 37-39; in paragraph 39, inserted ", safety" following "child's health"; deleted former paragraph 39, which prior thereto read:

"39. 'Preliminary inquiry' means an assessment and determination as to whether there is sufficient information to proceed with an investigation of abuse or neglect of a child or an investigation of failure to protect by the person responsible for the child when there are allegations of abuse or neglect;"

; in paragraph 42, substituted "third" for "fourth"; rewrote paragraphs 45 and 46, which prior thereto read:

"45. 'Residual parental rights and responsibilities' means those rights and responsibilities that remain with the parent:

"a. after transfer of legal custody of the child, other than adoption, or

"b. when a guardianship or kinship guardianship is established for the child. Residual parental rights and responsibilities, which may be limited or restricted by the court, include, but are not limited to:

"(1) the right of visitation,

"(2) the right to consent to adoption,

"(3) the responsibility for support of and costs of medical care for the child, and

"(4) the right to determine the religious faith of the child;

"46. 'Responsible adult' for purposes of the release of a child from protective custody, means a stepparent, foster parent, person related to the juvenile in any manner who is eighteen (18) years of age or older, or any person having an obligation and authority to care for or safeguard the juvenile in another person's absence who is eighteen (18) years of age or older;"

; in paragraph 49, inserted "likely or in all probability" following "would" and preceding "sustain"; in paragraph 53, inserted "family" following "foster" and preceding "home"; rewrote paragraph 57, which prior thereto read:

"57. 'Treatment and service plan' means a written document which includes at least the following:

"a. a description of the type of home or facility in which a child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to carry out the judicial determination made with respect to the child, and

"b. a plan for assuring that the child receives proper care and that services are provided to the parents, child, and placement providers in order to improve the conditions in the parents' home, facilitate return of the child to the child's own home or to an alternate permanent placement, and address the needs of the child while in out-of-home care, including a discussion of the appropriateness of the services that have been provided to the child under the plan."

Laws 2001, c. 434, § 4, in subsection A, in paragraph 1, subparagraph d, substituted "and responsibilities" for "or duties" throughout, in subparagraph e, in the first sentence, substituted "established and/or maintained substantial and positive relationship" for "had significant or meaningful contact", deleted "or to have regular visitation with" following "regain custody of", added the second sentence, and divisions (1) and (2), and in the last paragraph, substituted "sufficient to establish and/or maintain a substantial and positive relationship with" for "construed or considered in establishing the proper exercise of parental rights or duties with regard to", in paragraph 45, in subparagraph a, in division (1), inserted "in connection with an action for termination of parental rights, a relinquishment of parental rights, a consent to termination of parental rights or an", and in subparagraph b, added division (5), and made other nonsubstantive changes.

Laws 2002, c. 327, § 15, rewrote paragraph 5, which prior thereto read:

"5. 'Child in need of mental health treatment' means a child in need of mental health treatment as defined by the Inpatient Mental Health Treatment of Children Act;"

; rewrote paragraph 32, which prior thereto read:

"32. 'Mental health facility' means a mental health facility as defined by the Inpatient Mental Health Treatment of Children Act;"

; and made other nonsubstantive changes.

Laws 2004, c. 422, § 3, in paragraph 45, added subparagraph c.

Laws 2006, c. 258, § 1, in subsection A, in paragraph 4, inserted "unmarried" preceding "person under eighteen"; and in paragraph 14, added subparagraph g; and made other nonsubstantive changes.

Laws 2009 c. 233, § 11, rewrote section, which prior thereto read:

"A. When used in the Oklahoma Children's Code, unless the context otherwise requires:

"1. 'Abandoned infant' means a child who is twenty-four (24) months of age or younger whose parent:

"a. has willfully left the infant alone or in the care of another who is not the parent of the infant without identifying the infant or furnishing any means or methods of identification,

"b. has willfully left the infant alone or in the care of another who is not the parent of the infant and expressed a willful intent by words, actions, or omissions not to return for the infant,

"c. has knowingly placed or knowingly allowed the infant be placed in or remain in conditions or surroundings that posed or constituted a serious danger to the health and safety of the infant thereby demonstrating wanton disregard for the child's well-being,

"d. is a father, or a putative father if the infant was born out of wedlock, and:

"(1) if an infant is less than ninety (90) days of age, who fails to show that he has exercised proper parental rights and responsibilities with regard to the infant, including, but not limited to, contributing to the support of the mother of the infant to the extent of his financial ability during her term of pregnancy,

"(2) (a) if an infant is older than ninety (90) days but less than fourteen (14) months of age, who fails to show that he has exercised proper parental rights and responsibilities with regard to the infant, including, but not limited to, contributing to the support of the infant to the extent of his financial ability, which may include contributing to the support of the mother of the infant to the extent of his financial ability during her term of pregnancy.

"(b) Failure to contribute to the support of the mother during her term of pregnancy, pursuant to this subdivision, shall not in and of itself be grounds for termination of the parental rights of the father or putative father, or

"(3) (a) if the infant is fourteen (14) months of age or older, who fails to show that he has exercised proper parental rights and responsibilities with regard to the infant, including, but not limited to, contributing to the support of the infant to the extent of his financial ability.

"(b) Pursuant to this subdivision, failure to contribute to the support of the mother during her term of pregnancy shall not in and of itself be grounds for termination of the parental rights of the father or putative father.

"In any case where a father, or a putative father of an infant born out of wedlock, claims that prior to the receipt of notice of the hearing provided for in Section 7006-1.2 of this title he had been specifically denied knowledge of the infant or denied the opportunity to exercise parental rights and responsibilities with regard to the infant, such father or putative father shall prove to the satisfaction of the court that he made sufficient attempts to discover if he had fathered a child or made sufficient attempts to exercise parental rights and responsibilities with regard to the infant prior to the receipt of notice, or

"e. has not established and/or maintained substantial and positive relationship with the infant during the six (6) months immediately prior to out-of-home placement or the six (6) continuous months while in out-of-home placement, and has not made meaningful efforts to gain or regain custody of the infant, despite being given the opportunity to do so. For purposes of this section, 'establish and/or maintain substantial and positive relationship' includes but is not limited to:

"(1) frequent and regular contact with the infant through frequent and regular visitation or frequent and regular communication to or with the infant, and

"(2) the exercise of parental rights and responsibilities.

"Incidental or token visits, communications or contributions shall not be sufficient to establish and/or maintain a substantial and positive relationship with the infant;

"2. 'Adjudicatory hearing' means a hearing to determine whether the allegations of a petition pursuant to the provisions of Part 3 of Article III of this Code are supported by the evidence and whether a child should be adjudged to be a ward of the court;

"3. 'Assessment' means a systematic process utilized by the Department of Human Services to respond to reports of alleged child abuse or neglect which, according to priority guidelines established by the Department, do not constitute a serious and immediate threat to a child's health, safety or welfare. The assessment includes, but is not limited to, the following elements:

"a. an evaluation of the child's safety, and

"b. a determination regarding the family's need for services;

"4. 'Child' means any unmarried person under eighteen (18) years of age except any person convicted of a crime specified in Section 7306-1.1 of this title or any person who has been certified as an adult pursuant to Section 7303-4.3 of this title and convicted of a felony;

"5. 'Minor in need of treatment' means a child in need of mental health or substance abuse treatment as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;--t

"6. 'Child with a disability' means any child who has a physical or mental impairment which substantially limits one or more of the major life activities of the child, or who is regarded as having such an impairment by a competent medical professional;

"7. 'Child-placing agency' means a private agency licensed to place children in foster family homes, group homes, adoptive homes, transitional or independent living programs, or family child care homes or other out-of-home placements; and which approves and monitors such placements and facilities in accordance with the licensing requirements established by the Oklahoma Child Care Facilities Licensing Act;

"8. 'Chronic abuse or chronic neglect of a child' means a pattern of physical or sexual abuse or neglect which is repeated or continuing;

"9. 'Community-based services' or 'community-based programs' means services or programs which maintain community participation or supervision in their planning, operation, and evaluation. Community-based services and programs may include, but are not limited to, emergency shelter, crisis intervention, group work, case supervision, job placement, recruitment and training of volunteers, consultation, medical, educational, home-based services, vocational, social, preventive and psychological guidance, training, counseling, early intervention and diversionary substance abuse treatment, sexual abuse treatment, transitional living, independent living, and other related services and programs;

"10. 'Court-appointed special advocate' or 'CASA' means a responsible adult who has been trained and is supervised by a court-appointed special advocate program recognized by the court, and who has volunteered to be available for appointment by the court to serve as an officer of the court as a guardian ad litem, pursuant to the provisions of Section 7003-3.7 of this title, to represent the best interests of any deprived child or child alleged to be deprived over whom the district court exercises jurisdiction, until discharged by the court;

"11. 'Court-appointed special advocate program' means an organized program, administered by either an independent, not-for-profit corporation, a dependent project of an independent, not-for-profit corporation or a unit of local government, which recruits, screens, trains, assigns, supervises and supports volunteers to be available for appointment by the court as guardians ad litem, to represent the best interests of a deprived child or a child alleged to be deprived in a case for which a deprived petition has been filed;

"12. 'Day treatment' means a nonresidential program which provides intensive services to a child who resides in the child's own home, the home of a relative, group home, a foster home or residential child care facility. Day treatment programs include, but are not limited to, educational services;

"13. 'Department' means the Department of Human Services;

"14. 'Deprived child' means a child:

"a. who is for any reason destitute, homeless, or abandoned,

"b. who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, abuse, cruelty, or depravity on the part of the child's parents, legal guardian, or other person responsible for the child's health or welfare,

"c. who is a child in need of special care and treatment because of the child's physical or mental condition, and the child's parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment. As used in this paragraph, a child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk for future exposure to such substances,

"d. who is a child with a disability deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of the child if such nutrition or medical treatment is generally provided to similarly situated children without a disability or children with disabilities; provided that no medical treatment shall be necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child,

"e. who is, due to improper parental care and guardianship, absent from school as specified in Section 10-106 of Title 70 of the Oklahoma Statutes, if the child is subject to compulsory school attendance,

"f. whose parent, legal guardian or custodian for good cause desires to be relieved of custody, or

"g. who has been born to a parent whose parental rights to another child have been involuntarily terminated by the court and the conditions which led to the making of the finding, which resulted in the termination of the parental rights of the parent to the other child, have not been corrected.

"Nothing in the Oklahoma Children's Code shall be construed to mean a child is deprived for the sole reason the parent, legal guardian, or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

"Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.

"The phrase 'dependent and neglected' shall be deemed to mean deprived;

"15. 'Dispositional hearing' means a hearing to determine the order of disposition which should be made with respect to a child adjudged to be a ward of the court;

"16. 'Emergency custody' means the custody of a child prior to adjudication of the child following issuance of an order of the district court pursuant to Section 7003-2.1 of this title or following issuance of an order of the district court pursuant to an emergency custody hearing, as specified by Section 7003-2.4 of this title;

"17. 'Facility' means a place, an institution, a building or part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings used for the lawful custody and treatment of children;

"18. 'Foster care' or 'foster care services' means continuous twenty-four-hour care and supportive services provided for a child in foster placement including, but not limited to, the care, supervision, guidance, and rearing of a foster child by the foster parent;

"19. 'Foster child' means a child placed in foster placement;

"20. 'Foster family' means all persons living in a foster family home, other than a foster child;

"21. 'Foster family home' means the private residence of a foster family which provides foster care services to a child. Such term shall include a nonkinship foster family home, a specialized foster home, a therapeutic foster family home, or the home of a relative or other kinship care home;

"22. 'Foster parent' means any individual maintaining a foster family home, who is responsible for the care, supervision, guidance and rearing of and other foster care services provided to a foster child;

"23. 'Foster placement' means a child-placing agency or foster family home providing foster care services;

"24. 'Guardian ad litem' means a person appointed by the court to protect the best interests of a child pursuant to the provisions of Section 7003-3.7 of this title in a particular case before the court;

"25. 'Group home' means a residential facility housing no more than twelve children with a program which emphasizes family-style living in a homelike environment. Such group home may also offer a program within the community to meet the specialized treatment needs of its residents;

"26. 'Independent living program' means a program specifically designed to assist a child to enhance those skills and abilities necessary for successful adult living. An independent living program may include, but shall not be limited to, such features as minimal direct staff supervision, and the provision of supportive services to assist children with activities necessary for finding an appropriate place of residence, completing an education or vocational training, obtaining employment, or obtaining other similar services;

"27. 'Institution' means a residential facility offering care and treatment for more than twenty residents;

"28. 'Investigation' means an approach utilized by the Department to respond to reports of alleged child abuse or neglect which, according to priority guidelines established by the Department, constitute a serious and immediate threat to a child's health or safety. An investigation includes, but is not limited to, the following elements:

"a. an evaluation of the child's safety,

"b. a determination whether or not child abuse or neglect occurred, and

"c. a determination regarding the family's need for prevention and intervention-related services;

"29. 'Kinship care' means full-time care of a child by a kinship relation;

"30. 'Kinship guardianship' means a judicially created relationship between a child and a kinship relation of the child established pursuant to the provisions of Section 7003-5.5 of this title;

"31. 'Kinship relation' or 'kinship relationship' means relatives, stepparents, or other responsible adults who have a bond or tie with a child and/or to whom has been ascribed a family relationship role with the child's parents or the child;

"32. 'Mental health facility' means a mental health or substance abuse treatment facility as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

"33. 'Multidisciplinary child abuse team' means any team established pursuant to Section 7110 of this title of three or more persons who are trained in the prevention, identification, investigation, prosecution and treatment of physical and sexual child abuse and who are qualified to facilitate a broad range of prevention and intervention-related services and services related to child abuse;

"34. 'Near death' means a child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect;

"35. 'Neglect' means neglect as such term is defined by the Oklahoma Child Abuse Reporting and Prevention Act;

"36. 'Out-of-home placement' means a placement, other than a placement in the home of the parent, legal guardian or custodian from whose custody the court has removed the child;

"37. 'Permanency hearing' means a hearing by the court to determine whether a child is to be returned to the child's home or whether other permanent placement will be sought within a specific time frame for the child;

"38. 'Permanent custody' means a court-ordered custody of an adjudicated deprived child whose parent's parental rights have been terminated;

"39. 'Person responsible for a child's health, safety or welfare' includes a parent; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of this title; or an owner, operator, or employee of a child care facility as defined by Section 402 of this title;

"40. 'Protective custody' means custody of a child taken pursuant to Section 7003-2.1 of this title;

"41. a. 'Putative father' means the father of a child:

"(1) born out of wedlock, or

"(2) whose mother was married to another person at the time of the birth of such child or within ten (10) months prior to the birth of the child.

"b. 'Putative father' includes, but is not limited to:

"(1) a man who has acknowledged or claims paternity of the child,

"(2) a man named as the father by the mother of the child, or

"(3) any man alleged to have engaged in sexual intercourse with the mother during a possible time of conception;

"42. 'Relative' means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or any other person related to the child within the third degree of consanguinity;

"43. 'Residential child care center' means a twenty-four-hours-a-day residential group care facility at which a specified number of children, normally unrelated, reside with adults other than their parents;

"44. 'Reasonable efforts' means the reasonable exercise of diligence and care, with regard to a child who is in out-of-home placement, or who is at imminent risk of being harmed, to:

"a. refer to, arrange for, or develop reasonable supportive and rehabilitative services for the family of such child that are required both to prevent unnecessary placement of the child outside of the child's home and to foster, whenever appropriate, the safe reunification of such child with the child's family, or

"b. place a child who cannot be returned home into a permanent placement;

"45. a. 'Residual parental rights and responsibilities' means those rights and responsibilities that remain with the parent:

"(1) after transfer of legal custody of the child, other than in connection with an action for termination of parental rights, a relinquishment of parental rights, a consent to termination of parental rights or an adoption, or

"(2) when a guardianship or kinship guardianship is established for the child.

"b. Residual parental rights and responsibilities may be limited or restricted as determined by the court, and include, but are not limited to:

"(1) the right of visitation,

"(2) the right to consent to adoption,

"(3) the responsibility for support of and costs of medical care for the child,

"(4) the right to determine the religious faith of the child, and

"(5) the right to consent to termination of parental rights and the right to permanently relinquish parental rights.

"c. Residual parental rights and responsibilities shall not include the right to consent to the marriage of a minor pursuant to the provisions of Section 3 of Title 43 of the Oklahoma Statutes;

"46. 'Responsible adult' for purposes of the release of a child from protective custody, means a stepparent, foster parent, a relative of the child who is eighteen (18) years of age or older, or any person having an obligation and authority to care for or safeguard the child in another person's absence who is eighteen (18) years of age or older;

"47. 'Secure facility' means a facility which is designed and operated to ensure that all entrances and exits from the facility are subject to the exclusive control of the staff of the facility, whether or not the juvenile being detained has freedom of movement within the perimeter of the facility, or a facility which relies on locked rooms and buildings, fences, or physical restraint in order to control behavior of its residents;

"48. 'Serious bodily injury' means a bodily injury that involves:

"a. substantial risk of death,

"b. extreme physical pain,

"c. protracted and obvious disfigurement, or

"d. protracted loss or impairment of the function of a bodily member, organ or mental faculty;

"49. 'Serious danger to the health and safety' means that without the intervention of another person or agency, a child would likely or in all probability sustain severe or permanent disability or injury, illness, or death;

"50. 'Sibling' means a biologically or legally related brother or sister of a child;

"51. 'Specialized foster care' means foster care provided to a child in a specialized foster home or agency-contracted home which:

"a. has been certified by the Developmental Disabilities Services Division of the Department of Human Services,

"b. is monitored by the Division, and

"c. is funded through the Home- and Community-Based Waiver Services Program administered by the Division;

"52. 'Temporary custody' means court-ordered custody of an adjudicated deprived child;

"53. 'Therapeutic foster family home' means a foster family home which provides specific treatment services, pursuant to a therapeutic foster care contract, which are designed to remedy social and behavioral problems of a foster child residing in the home;

"54. 'Torture' means to inflict:

"a. intense emotional or psychological anguish to or suffering by a child, or

"b. physical pain for the purpose of coercing or terrorizing a child;

"55. 'Training school' means an institution maintained by the state exclusively for the care, education, training, treatment, and rehabilitation of juvenile delinquents;

"56. 'Transitional living program' means a residential program that may be attached to an existing facility or operated solely for the purpose of assisting children to develop the skills and abilities necessary for successful adult living. The program may include, but shall not be limited to, reduced staff supervision, vocational training, educational services, employment and employment training, and other appropriate independent living skills training as a part of the transitional living program;

"57. 'Treatment and service plan' means a document written pursuant to Section 7003-5.3 of this title; and

"58. 'Voluntary foster care placement' means the temporary placement of a child by the parent, legal guardian or custodian of the child in foster care pursuant to a signed placement agreement between the Department or a child-placing agency and the child's parent, legal guardian or custodian.

"B. Unless the context otherwise requires, the terms defined in the Oklahoma Child Abuse Reporting and Prevention Act and the Oklahoma Foster Care and Out-of-Home Placement Act shall have the same meaning when used in the Oklahoma Children's Code."

Laws 2009, c. 338, § 3, in paragraph 2, deleted ", teacher, or other person"; rewrote paragraph 5, which prior thereto read:

" 'Assessment' means the same as the term 'safety analysis' as defined in this section;"

; rewrote paragraph 10, which prior thereto read:

" 'Child-placing agency' means a private agency licensed to place children in foster family homes, group homes, adoptive homes, transitional or independent living programs, or family child care homes or other out-of-home placements; and which approves and monitors such placements and facilities in accordance with the licensing requirements established by the Oklahoma Child Care Facilities Licensing Act;"

; in paragraph 25, substituted "parent who" for "family which", and inserted "a specialized foster home," after "nonkinship foster family home,"; rewrote paragraph 37, which prior thereto read:

" 'Investigation' means the same as the term 'safety analysis' as defined in this section;"

; in paragraph 46, in the introductory paragraph, deleted "any of the following" after "means", and in subparagraph b, in division (3), substituted "or" for "and"; inserted paragraphs 56 and 57; rewrote and redesignated paragraph 56 as paragraph 58, which prior thereto read:

" 'Safety analysis' means action taken by the Department in response to a report of alleged child abuse or neglect that will include an assessment or investigation based upon degree of risk to a child."

; inserted paragraph 59; redesignated former paragraphs 57 to 62 as paragraphs 60 to 65; deleted former paragraph 63, which prior thereto read:

" 'Treatment and service plan' means a document written pursuant to Section 1- 4-704 of this title; and"

; and redesignated former paragraph 64 as paragraph 66.

Source:

Laws 1909, c. 4, § 1, p. 85.

Comp.Laws 1909, § 594.

R.L.1910, § 4412.

Comp.St.1921, § 8070.

St.1931, § 1729.

Laws 1935, p. 8, § 1.

Laws 1941, p. 20, § 1.

Laws 1965, c. 43, § 1.

Laws 1975, c. 98, § 1.

10 O.S.1981, § 101.

Laws 1985, c. 90, § 2.

Laws 1992, c. 265, § 1.

Laws 1995, c. 353, §§ 2, 20.

Laws 1996, c. 3, § 4.

Laws 1996, c. 200, § 16.

Laws 1997, c. 386, § 10.

Laws 1998, c. 416, § 11.

Laws 2000, c. 374, § 30.

Laws 2001, c. 64, § 1.

Laws 2002, c. 487, § 1.

Laws 2005, c. 184, § 1.

Laws 2006, c. 258, § 4.

Laws 2007, c. 156, § 1.

Laws 2007, c. 351, § 5.

10A Okl. St. Ann. § 1-1-105, OK ST T. 10A § 1-1-105

Current with chapters of the Second Regular Session of the 52nd Legislature    

(2010) effective September 1, 2010.